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Is mold a construction defect?

Few things are more exciting than moving into a new home. After all, you have the opportunity to thrive in the house you picked. If you were fortunate enough to build a new dwelling, you may also look forward to decades in your dream home. Unfortunately, mold can ruin your future plans. 

According to the Centers for Disease Control and Prevention, living in a moldy house can be hazardous to anyone’s health. While certain types of mold are more dangerous than others, medical conditions may make you more sensitive to any type of fungal growth. If you have mold in your new home, you may wonder if mold is a construction defect. 

Construction defects 

In general terms, a construction defect is a problem with the craftsmanship, materials or design of a new home. By that definition, mold is not by itself a construction defect. Mold growth may, however, very well be the result of a defect in the construction of your house. There are a few different ways this may happen: 

  •         Plumbing installation
  •         Foundation construction
  •         Basement or crawl space sealing
  •         Construction conditions 


Mold in the home is often a fixable problem. The process may be simple, such as using a bleach solution to eradicate mold, or complex, such as rebuilding part of the structure. Regardless, if you want to hold the builder responsible, you must think about the statute of limitations. That is, you only have a finite amount of time to bring a case against a builder for a construction defect. 

Personal injury 

If the mold in your home causes you to sustain a serious injury, you may also have a personal injury claim. To prove this type of claim, though, you must show that someone’s negligent conduct caused your injury. This can be tough, but it may be the right approach if you have mounting medical bills. 

Clearly, you should not have to live in a home that is hazardous to your health. If you have mold in your house, holding the builder responsible may be the right course of action.

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